![]() ![]() In most legal system, the court of law is given the task to interpret the law when there is a dispute as to its meaning arisen or even when in the case there is now statutory provisions of the law. Many factors may contribute to understanding of the meaning of the law, principally the intention of the legislature. But at the same time the law should not be too specific that will make its implementation or enforcement difficult or rigid. INTRODUCTION Interpretation of legal texts or law statutes is inevitable in any legal system given the fact that the wording of the law should be flexible to deal with changing circumstances. Keywords: Shariah Court, Islamic Jurisprudence, Religious Edict (Fatwa), Court Judgment, Interpretation of Legal Texts, Public Interest, Malaysia. It is also found that it is actually the provisions of the law that allows the Shariah judges to indirectly apply this concept. The result of this study found that in several cases, the judges have applied indirectly the concept of Istihsan in their judgment. This study has examined a number of cases reported in the Jurnal Hukum issued by the Syariah Judiciary Department of Malaysia (JKSM). ![]() Therefore, this study attempts to analyze the development of Islamic law, particularly in the application of the concept of Istihsan in the Syariah Courts in Malaysia. This is also true in respect on the use of sources of Islamic law, such as Istihsan, Istislah and Qawl Sahabi, which are rejected by the Shafi'i madhhab. However, the current situations and issues cause that the other opinions from the other madhhabs are also used and practiced in order to provide the best solutions. This can be seen from the provisions of Syariah Law in Malaysia where the opinion of the Shafi'i madhhab is preferred than other madhhabs. ![]() *Corresponding Author, E-mail: Abstract Malaysia is among the countries, which have very close relations with Shafi'i madhhab in term of Islamic Law. 2Shariah and Law Department, Academy of Islamic Studies, University of Malaya, Kuala Lumpur, Malaysia. Syariah Courts in Malaysia And the Development of Islamic Jurisprudence: The Study of Istihsan Mohd Hafiz Jamaludin1*, Ahmad Hidayat Buang2 1ShariahĪnd Law Department, Academy of Islamic Studies, University of Malaya, Kuala Lumpur, Malaysia. Syariah Courts in Malaysia And the Development of Islamic Jurisprudence: The Study of Istihsan ![]()
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